Fatou Bensouda: "The situation in the Crimea and Sevastopol is equivalent to the international armed conflict between Ukraine and the Russian Federation"

"According to information received, the situation in the Crimea and Sevastopol is equivalent to the international armed conflict between Ukraine and the Russian Federation. This international armed conflict started not later than February 26, when the Russian Federation employed members of its armed forces to gain control over parts of the territory of Ukraine without the consent of the government of Ukraine."

- Fatou Bensouda, Chief Prosecutor at the International Criminal Court [as quoted by The Moscow Times]

"158. The information available suggests that the situation within the territory of
Crimea and Sevastopol amounts to an international armed conflict between
Ukraine and the Russian Federation. This international armed conflict began at
the latest on 26 February when the Russian Federation deployed members of its
armed forces to gain control over parts of the Ukrainian territory without the
consent of the Ukrainian Government. The law of international armed conflict
would continue to apply after 18 March 2014 to the extent that the situation
within the territory of Crimea and Sevastopol factually amounts to an on-going
state of occupation. A determination of whether or not the initial intervention
which led to the occupation is considered lawful or not is not required. For
purposes of the Rome Statute an armed conflict may be international in nature if
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one or more States partially or totally occupies the territory of another State,
whether or not the occupation meets with armed resistance.

"Eastern Ukraine

"168. Based on the information available it seems that by 30 April 2014 the level of
intensity of hostilities between Ukrainian government forces and antigovernment
armed elements in eastern Ukraine reached a level that would
trigger the application of the law of armed conflict. This preliminary analysis is
based on information that both sides used of military weaponry, resources of the
armed forces including airplanes and helicopters were deployed by the
Ukrainian Government, and there were casualties to military personnel, nongovernment
armed elements and civilians. Furthermore, information available
indicates that the level of organisation of armed groups operating in eastern
Ukraine, including the “LPR” and “DPR”, had by the same time reached a
degree sufficient for them to be parties to a non-international armed conflict.
169. Additional information, such as reported shelling by both States of military
positions of the other, and the detention of Russian military personnel by
Ukraine, and vice-versa, points to direct military engagement between Russian
armed forces and Ukrainian government forces that would suggest the existence
of an international armed conflict in the context of armed hostilities in eastern
Ukraine from 14 July 2014 at the latest, in parallel to the non-international armed
conflict.

"170. For the purpose of determining whether the otherwise non-international armed
conflict could be actually international in character, the Office is also examining
allegations that the Russian Federation has exercised overall control over armed
groups in eastern Ukraine. The existence of a single international armed conflict
in eastern Ukraine would entail the application of articles of the Rome Statute
relevant to armed conflict of an international character for the relevant period. In
conducting its analysis, the Office must assess whether the information available
indicates that Russian authorities have provided support to the armed groups in
the form of equipment, financing and personnel, and also whether they have
generally directed or helped in planning actions of the armed groups in a
manner that indicates they exercised genuine control over them. The Office is
currently undertaking a detailed factual and legal analysis of the information
available of relevance to this issue.

[...]

"Alleged crimes

"171. The following summary of alleged crimes is preliminary in nature and is based
on publicly available reports and information received by the Office. The
descriptions below are without prejudice to the identification of any further
alleged crimes which may be made by the Office in the course of its analysis, and
should not be taken as indicative of or implying any particular legal
qualifications or factual determinations regarding the alleged conduct.

"Crimea

"172. Harassment of Crimean Tatar population: Since the assumption of control by the
Russian Federation over the territory of Crimea some 19,000 residents of the
region have reportedly become internally displaced within mainland Ukraine. A
large proportion of this number of internally displaced persons is believed to be
of Crimean Tatar ethnicity. Under the application of Russian law throughout the
territory, members of the Crimean Tatar population and other Muslims residents
in Crimea have also reportedly been subjected to harassment or intimidation,
including a variety of measures such as entry bans to the territory, house
searches, and restrictions on their freedom of expression, assembly and
association.

"173. Killing and abduction: At least 10 people have been reported missing since March
2014 in the context of the situation in Crimea. In most instances the alleged
victims were known to oppose the occupation of Crimea and their abductions
were attributed to the “Crimean self-defence” paramilitary group. The Office is
also analysing two incidents of alleged abduction and killing of Crimean Tatar
activists, in March and September of 2014.

"174. Ill-treatment: Several incidents of alleged ill-treatment in the context of detention
or abduction were also reported, including beatings, choking, and, in at least one
instance, threats of sexual violence.

"175. Detention and fair trial: A number of civilians who opposed the 16 March
referendum have reportedly been arrested and held in detention since March
2014 with information available pointing to the non-respect of a number of due
process and fair trial rights. Some 179 persons deprived of their liberty have
reportedly been forcibly transferred from prisons in Crimea to prisons in the
territory of the Russian Federation.

"176. Compelled military service: As a consequence of the imposed change of citizenship,
men of conscription age residing in Crimea became subject to mandatory
Russian military service requirements. There were reports of a number of young
men leaving for mainland Ukraine to escape forced conscription notices from de
facto authorities.
Eastern Ukraine

"177. The Office has documented more than 800 incidents involving crimes allegedly
committed since 20 February 2014 in the context of events in eastern Ukraine.

"178. Killing: Since the start of the conflict, according to the UN Office of the High
Commissioner for Human Rights, some 9,578 people have been killed and 22,236
injured, including, members of the armed forces and armed groups and civilians.
Between April 2014 and June 2016, up to 2,000 civilians were killed in armed
hostilities, mostly (85-90%) as a result of shelling of populated areas in both
government-controlled territory and areas controlled by armed groups. Other
incidents reported include several civilians allegedly killed or injured by
firearms, attributed to both pro-government forces and armed groups. A smaller
number of summary executions of persons who were hors de combat including
members of armed groups and of Ukrainian forces were also alleged.

"179. Destruction of civilian objects: In the course of the conflict hundreds of civilian
objects including residential properties, schools and kindergartens have
allegedly been destroyed or damaged, largely by shelling, in both governmentcontrolled
territory and in areas controlled by armed groups. In some cases it is
alleged that shelling of such objects was deliberate or indiscriminate or that
civilian buildings including schools have been improperly used for military
purposes.

"180. Detention: All sides have also allegedly captured and detained both civilians and
fighters of the opposing side in the context of the conflict in eastern Ukraine.
Ukrainian security forces are alleged to have held both civilians and alleged
armed group members without due process, while “DPR” and “LPR” forces are
alleged to have arbitrarily detained civilians suspected of being pro-Ukrainian
and members of Ukrainian armed forces and in many cases ill-treated them.
Several hundred detentions have occurred during the conflict and in many
instances those detained have been exchanged in mutual prisoner releases by
both sides, though often after long periods of detention.

"181. Disappearance: More than 400 people were registered as “missing” in the context
of the conflict in eastern Ukraine, though it remained unclear how many of these
individuals had been forcibly disappeared. Some were believed to be alive and
in detention while others may be among the large number of bodies that
remained so far unidentified by the relevant authorities. Some documented
instances of alleged forced disappearance have however been reported and were
attributed mainly to pro-government forces.

"182. Torture/ill-treatment: Torture or ill-treatment was reportedly perpetrated by both
sides in the context of the conflict, involving several hundred alleged victims.
Beatings, use of electric shocks and other physical abuse were widely
documented in both government-controlled territory and in areas outside the
Government’s control and allegedly targeted civilians and members of both
Ukrainian armed forces and armed groups. In the majority of incidents reported
the torture or ill-treatment occurred in the context of detention, frequently in
“irregular” detention facilities and often during interrogation.

"183. Sexual and gender-based crimes: While there are some documented instances of
alleged sexual and gender-based crimes in the context of the conflict in eastern
Ukraine, the OTP acknowledges that the information available might suffer from
underreporting due to social and cultural taboos, and a lack of support services
for victims in conflict-affected areas, among other factors. The majority of
documented instances allegedly occurred in the context of detention and
targeted male and female victims, including civilians and members of the armed
forces or armed groups. These alleged crimes were attributed to both state and
non-state forces. In several documented cases sexual violence, including rape,
threats of rape, beating of genitals and forced nudity were perpetrated in the
context of interrogations."

Source:

'Hague Tribunal Recognizes Crimean Annexation as a Military Conflict Between Russia and Ukraine,' The Moscow Times, 15 November 2016